17 March 23
Successful appeal against refusal to grant discharge without conviction – s 106 Sentencing Act 2002 – discharge without conviction - possession of objectionable material...
17 March 23
Criminal Procedure – leave to appeal murder conviction on grounds trial counsel failed to tailor approach to accommodate vulnerable defendant and failed to provide adequate advice on giving or calling evidence...
17 March 23
Members of the legal profession are urged to provide feedback on how they should be regulated and represented following the release of a raft of “watershed” recommendations from an independent panel, including the ...
17 March 23
Criminal Procedure (Mentally Impaired Persons) Act 2003 (CPMIP Act) s 38 - declaratory judgment on procedures relating to court-ordered mental health assessment reports – time frames for the provision of s 38 ...
17 March 23
Timaru District Council v The Minister of Local Government [2023] NZHC 244
Declaratory Judgments Act 1908 - exercise of discretion to grant declaratory judgment – principle of legality – democratic ...
17 March 23
Family Proceedings Act 1980, s 27 – appeal from Family Court – application for declaration that dissolution order invalid – order for substituted service obtained by deception – undefended proceeding – inviolacy of ...
17 March 23
Senior Courts Act 2016 - unsuccessful leave application - application for leave to appeal to Supreme Court against Court of Appeal judgment refusing leave to appeal interlocutory matters to Court of Appeal – ...
17 March 23
Application to set aside judgment entered on formal proof - High Court Rules 2016, 15.10- miscarriage of justice - principles to be considered - reasonable explanation for failure to appear - substantial defence - ...
16 March 23
A once-in-a-generation review of how New Zealand’s lawyers are regulated and represented has proven a watershed for the profession as it grapples with a key finding – that a “strong case” exists for a new, ...
16 March 23
The review report titled Regulating Lawyers in Aotearoa New Zealand, Te Pae Whiritahi i te Korowai Rato Ture o Aotearoa represents a watershed moment for the legal profession.
It foreshadows the loss of ...
16 March 23
We’ve already touched on the history of barristers as a profession, but let’s look at that in more detail. As I said earlier, originally the leaders of the profession were the serjeants. The serjeants had their own ...
16 March 23
Reprimands from the Financial Markets Authority (FMA) are piling up against Du Val Group, while the embattled property developer scrambles to block disaffected investors from leaking to the media.
The regulator ...
9 March 23
A body of useful legal precedent is emerging from the controversial covid-19 vaccine mandates, although key questions remain unanswered as companies and workers are reminded of the need to maintain good faith in ...
9 March 23
Jack Porus never particularly wanted to be a lawyer. And his mother, of Lithuanian Jewish stock, would have preferred him to be a doctor. But Porus, the former managing partner at Glaister Ennor and one of the ...
9 March 23
England and Wales have a split legal profession, with a traditional distinction between solicitors and barristers. This contrasts with many other countries, including many in the common law world, which have only ...
6 March 23
“I’m good, I’m good. I’m sweaty,” confesses incoming ADLS president Tony Herring. “I know you don’t need to know that but I’ve been racing around.”
That’s not surprising. Since learning at the ADLS annual ...